Kansanto Pty Ltd v Fairfield City Council [2022] NSWLEC 1256

Kansanto Pty Ltd v Fairfield City Council [2022] NSWLEC 1256

The parties agreed to amend the development application to address Council's and objectors' concerns. The amended application was found by the court to comply with all relevant statutory and regulatory requirements, including planning controls, design quality, site contamination and remediation, and notification obligations. Therefore, pursuant to s 34(3) of the Land and Environment Court Act 1979, the appeal is upheld and consent is granted in accordance with the agreement and subject to conditions.

Jurisdiction
Australia
Judgment Date
23 May 2022
Procedural Posture
Appeal (development Application) / Final Orders After Conciliation Conference, Class 1
Outcome
Appeal upheld. Development consent granted for amended application. Applicant to pay respondent's costs thrown away.
Legal Topics
['development Consent' 'residential Flat Buildings' 'conciliation Conference' 'local Environmental Plan' 'site Contamination' 'design Quality' 'car Parking' 'community Objections']
['planning and Environment'] ['development Consent' 'residential Flat Buildings' 'conciliation Conference' 'local Environmental Plan' 'site Contamination' 'design Quality' 'car Parking' 'community Objections']

Case Brief

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Procedural Posture

Appeal (development Application) / Final Orders After Conciliation Conference, Class 1

Legal Issues

  1. 1 ['Whether development consent should be granted for amended development application for residential flat buildings on the site' 'Whether all statutory and regulatory requirements for planning approval have been met' 'Whether concerns of objectors (parking, bulk, noise) are adequately addressed' 'Compliance with design quality principles and Apartment Design Guide' 'Suitability of land for proposed use (contamination and remediation)']

Ratio Decidendi

The parties agreed to amend the development application to address Council's and objectors' concerns. The amended application was found by the court to comply with all relevant statutory and regulatory requirements, including planning controls, design quality, site contamination and remediation, and notification obligations. Therefore, pursuant to s 34(3) of the Land and Environment Court Act 1979, the appeal is upheld and consent is granted in accordance with the agreement and subject to conditions.

Court Disposition

Appeal upheld. Development consent granted for amended application. Applicant to pay respondent's costs thrown away.

Orders

  • ['The appeal is upheld.' 'Development application No. DA292.1/2021 (as amended on 6 May 2022) is determined by grant of development consent subject to conditions in Annexure A.' "The applicant is to pay the respondent's costs thrown away, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act...